The Public’s Right to Access Michigan’s Inland Lakes from Adjacent Roads
As families begin contemplating vacations up north or weekend getaways to one of Michigan’s many inland lakes, water access points deserve careful consideration as they have become sources of lawsuits regarding the public’s right to access the surface of the water from public roads adjacent to the water. Many of these lakes are bordered by subdivisions that were platted decades ago and depending on the language in the plat and the type of public roads, whether perpendicular or lateral to the lake, will determine whether the surface of the water can be accessed by the public by means of the platted streets.
In Michigan, if a road has been dedicated to public use and essentially runs perpendicular to a body of water and the road ends at the body of water, the public may use the road to access the surface of the water. 
What has become problematic for nearby property owners, however, is when public water access expands to include parties, picnics, trespassing on neighboring property, etc., which has resulted in some of these access points becoming more like a public park.
The Michigan Court of Appeals in 2003 clarified the activities that are allowed at such water access points (where public roads provide access to a lake or other body of water). Absent a contrary intent that can be established by the dedication plat, the permissible activities are limited to accessing the water and the installation of a public dock because it assists in providing access to the water. Other activities, such as those normally conducted at public parks like games and sunbathing, are prohibited, including the anchoring of boats and other watercraft on a nontemporary basis.
An additional water access issue relative to roads involves public roads that encircle all or a part of lake with the property owners’ homes on the opposite side of the road from the lake. At issue in certain locales is the water access rights that the lateral public road may serve to provide to the public. 
The road severs the portion of the lot adjacent to the water from the lot across the road, commonly with a dwelling on it. In 2009, the Michigan Supreme Court determined that the dedication of the public road does not serve to sever the property owner from their riparian rights and thus, the public is not granted access to the water over the portion of the lots on the waterfront.
The public can access the surface of the water via a public road end, that is usually laid out perpendicular to the water and a public dock may be installed to aid the public’s access to the water. Other recreational activities are prohibited unless the dedicated plat indicates otherwise. The public cannot access the water via an adjacent lateral road because the dedication of the road to the public does not include the riparian rights associated with the lots separated from the water by the lateral road.
So if you are visiting a lake or if you are a property owner adjacent to a lake with public roads as described above, this information may be useful to aid you in determining the legal rights the public has to access the surface of the water, also being mindful of trespassing violations on private property and what may constitute violations of state law to access the water.
Dan A. Penning
Late last week I received an email from a friend of mine who works in the Detroit area. He had just returned from a week-long trip to Providence, Rhode Island. In spite of being a bit bleary-eyed from his drive in from the east coast, he wanted to share information about how many law firms sponsor local community events.
I have always had an appreciation and understanding for those whose careers require them to travel extensively and be away from their families and some semblance of a regular routine. Even with all our new fancy electronic devices to stay in touch, it’s not the same. I still struggle with juggling multiple offices and trying to make sure I am available to attend my kids “big games”.
With the Memorial Day holiday weekend approaching it signals the beginning of summer vacations and weekend getaway trips. Many will travel out of the country, or to other states, while others will travel closer to home to resorts or the family cottage. Regardless, enjoy yourself and the local events, festivals, and activities that were planned and sponsored with you in mind!
P.S.
The Supreme Court’s decision in the Klooster case provides that certain types of joint ownership of real estate in Michigan can prevent property taxes increasing at the time of a joint owner’s death. While the decision is generally favorable to the taxpayer, there are various rules and contingencies that must be satisfied in order to achieve property tax savings.
However, after certain transfers of ownership occur, property becomes uncapped and thus subject to reassessment based on actual property value. In the event of a “transfer of ownership” of property after new law took effect in 1995, the property’s taxable value for each calendar year following the year of the transfer is the property’s state equalized valuation for the calendar year following the transfer.
In order to avoid an uncapping of property taxes at the death of a joint owner, the first element that must be satisfied is that when the joint ownership was established, at least one of the joint owners was an “original owner”. An “original owner” to satisfy this provision of the joint tenancy exception would be a person who owned the property at the time that the last “uncapping occurrence” occurred. For example, if a husband and wife, or the survivor of them, purchased property in 1998 resulting in the uncapping of the property at the time of their purchase, then either of them would be an “original owner” and satisfy this element of the joint tenancy exception.
The next element that must be satisfied in order for the joint tenancy exception to apply is the form of joint ownership must be “joint ownership with rights of survivorship.” This type of joint ownership means that all of the joint owners have a current ownership interest in the property; however, at the time of one of their deaths, the deceased individual’s interest then, by operation of law, transfers to the remaining joint owner(s). A type of joint ownership that does not satisfy the test is joint owners as “tenants in common”. This type of joint ownership indicates that a joint owner and undivided fractional share of the property and in the event of a joint owner as a tenant in common’s death, the deceased individual’s share is then part of his or her estate and can transfer to their heirs.
While the Supreme Court’s decision presents a benefit to Michigan taxpayers who are real estate owners, everyone should keep in mind that the Legislature could amend the current law to remove the joint ownership exception which has been recognized by the Supreme Court in the Klooster case. Whether or not legislative action in the future would be retroactively applied to those joint ownership situations that existed prior to any legislative action taking place is unclear. If you are considering a transfer of real estate to possibly take advantage of the joint tenancy exemption, please contact us to discuss the specific facts of your situation and your goals to make sure your proposed action is best for you and your family.
We have three great sons; our oldest son, Tucker, 19, a student at the University of Michigan, and twin 16-year-old boys, Conor and Casey who are finishing their sophomore year in high school.
It would take much too long to recount all the special things we have experienced the last 15 years, but aside from the many weekends in hotels, driving home on Sunday nights after weekends away through snow and ice storms, there were many special moments. As a family, we witnessed incredible accomplishments by a young boy and, in recent years, a young man as a player, teammate, and leader.
in a Chicago tournament where the team won a championship. As far as sports go, we now have the opportunity to continue our support and cheer our son Conor on in his efforts as a very good high school lacrosse player.
The formation of the Department of Licensing and Regulatory Affairs (LARA) is the latest effort of Governor Snyder to create a smaller, yet more centralized Michigan state government. It is not simply a name change, but a reorganization of the Department of Energy, Labor, and Economic Growth, and other state departments, which has the potential to make it a little easier for businesses to function and stay in compliance with state laws and regulations.
Data breaches and loss of personal identifying information have spawned products and services to help consumers prevent or minimize the risk of identity theft. Some rights and protections you have under federal or state laws can help you protect your identity and recover from identity theft at no cost, but some people either prefer to pay a third party to perform these services or they are not aware that many of the services are available at no cost.
Equifax: 1-800-525-6285
Federal law gives every consumer the right to one free credit report from each nationwide consumer reporting company every 12 months. Requesting a report from a different company every few months can help you monitor activity on your credit reports. For more information, or to request your free credit reports, visit 
Like many business professionals, your laptop and cell phone have become a corporate archive of important and confidential business information about your company. Smart phones have allowed sensitive data to be available at your fingertips that can be carried most anywhere. Identity thieves can have an easy time of accessing data that is legally protected if you don’t address security issues in your overall Information Technology plan. Many businesses find it more cost-effective to secure the information they have rather than try to repair the damage and rebuild consumer confidence after a data loss or breach. Moreover, federal and state laws require companies to implement reasonable information security practices. Depending on your business and the type of information you keep, these laws may apply to you.
Don’t collect and keep data unnecessarily.
More and more checking account owners are using their debit cards or online bill paying methods. With these rising trends, checkbooks are left unaccounted for, for periods of time. Check fraud can occur in one of many ways, such as (1) the victim writes a check but it is intercepted by a third party who fraudulently alters the check, (2) a third party creates an entirely new fraudulent check from the information on the real check, or (3) checks are stolen from the victim and the third party writes fraudulent checks, forging the victim’s signature. For purposes of this article, the victim is a customer of the bank that charges the payor’s (the victim’s) account.
After great speculation and debate, Congress has now passed and President Obama has signed a tax package which gives individuals and businesses some predictability for the next two years through December 31, 2012. The Act extends the Bush-era tax cuts, provides estate tax relief, an “AMT” patch, a reduction in employee paid payroll taxes and provides businesses with new incentives to make capital investments by extending depreciation and tax credits.
Your planning needs remain our top priority. In furtherance of our commitment to maintain our expertise on estate, tax, business and succession planning, Dan Penning will attend the University of Miami’s 45th Annual Heckerling Institute on Estate Planning the week of January 10, 2011 to hear presentations by nationally-regarded experts on the planning implications of the new tax act for 2011 and beyond. In addition, the conference will host presentations with updated information and strategies focusing on planning for lifetime transfers of individual wealth/assets and business interests.
“Christmas reminds us we are not alone. We are not unrelated atoms, bouncing and ricocheting amid aliens, but are a part of something, which holds and sustains us. As we struggle with shopping lists and invitations, compounded by December’s bad weather, it is good to be reminded that there are people in our lives who are worth this aggravation, and people to whom we are worth the same. Christmas shows us the ties that bind us together, threads of love and caring, woven in the simplest and strongest way within the family.” -Donald Westlake
Supporting local shop-owners is a way to be mindful of where we are spending our money and where the money goes after we purchase a gift. Moreover, the person behind the counter is, on many occasions, the shop-owner who is eager to help us and answer our questions. It may, at times, feel more “comfortable” to walk into a big-box store, shop anonymously, pay for our goods with hardly a word exchanged aside from the rehearsed and repetitive phrases the clerks are required to say, and leave with a big shopping bag, having done most of our shopping in one stop. But Christmas is about connecting with people, and connecting with people by shopping in our local businesses helps spread the joy of the holiday season to our communities while keeping more money in our own downtowns and neighborhoods.
